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Patna High CourtCR. MISC./68480/2019bail granted

Kanti Devi v. The State Of Bihar

2019-11-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68480 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

KANTI DEVI Wife of Nagina Ram, Resident of Village - Dudhiywa, P.S.- Nawal Pur, District - West Champaran.

2.

Mohan Ram Son of Late Bindeshwari Ram, Resident of Village - Dudhiywa, P.S.- Nawal Pur, District - West Champaran.

3.

Prabhawati Devi Wife of Mohan Ram, Resident of Village - Dudhiywa, P.S.- Nawal Pur, District - West Champaran.

4.

Mukesh Kumar @ Mukesh Ram Son of Ramesh Ram, Resident of Village - Dudhiywa, P.S.- Nawal Pur, District - West Champaran. 5.

Ramesh Ram Son of Late Bindeshwari Ram, Resident of Village - Dudhiywa, P.S.- Nawal Pur, District - West Champaran. 6.

Santosh Ram Son of Mohan Ram, Resident of Village - Dudhiywa, P.S.- Nawal Pur, District - West Champaran.

7.

Ambika Ram Son of Late Murat Ram, Resident of Village - Dudhiywa, P.S.- Nawal Pur, District - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-11-2019 Heard both sides.

Petitioners apprehend their arrest in Jogapatti (Nawalpur) P.S. Case No.171 of 2019 registered under Sections 341, 323, 307, 379, 354B, 504 and 34 of the Indian Penal Code. The informant alleged that while he was ploughing his land, all the accused persons including seven petitioners came and assaulted the informant with lathi and iron rod on the assertions that the land fell in their share. It is further alleged that the accused persons torn the clothes of his wife and daughters.

Patna High Court CR. MISC. No.68480 of 2019(3) dt.14-11-2019 2/2 Learned counsel for the petitioners submits that the injury report of the informant shows that he got two injuries; (i) lacerated wound on parietal region and (ii) swelling over right shoulder. Both injuries are simple in nature caused by hard and blunt object.

It appears from the contents of the F.I.R. itself that the occurrence took place due to land dispute. The injuries found on the person of the informant are simple in nature. Having considered the facts aforesaid and the nature of allegation made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Jogapatti (Nawalpur) P.S. Case No.171 of 2019 (G.R. No.1714 of 2019), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T